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2003-04 Term

State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision For Kyles: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: The following factors did not add up to reasonable suspicion supporting the frisk of a passenger during a routine traffic stop (¶17): (1) The officer testified that he “didn’t feel any particular threat before searching” the… Read More

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State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866 For Burris: Joseph L. Sommers Issue/Holding: ¶73. Judge Welker found that Burris disregarded the rules of his supervised release in order to satisfy his compulsive urges. Burris consumed alcohol, a drug that lowers inhibitions. He abused… Read More

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State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals For Evans: Robert R. Henak Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992) is the exclusive mechanism for seeking reinstatement of direct appeal deadlines lost on account of… Read More

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Sentence Credit – SVP (Ch. 980) Custody

State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Time spent in detention during ch. 980 proceedings may not be credited toward service of the underlying criminal sentence. ¶¶29-38. Thorson was serving a sentence for a 980-qualifying… Read More

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State v. John Allen, 2004 WI 106, affirming unpublished decision For Allen: Michael J. Backes Issue/Holding: ¶14 A hearing on a postconviction motion is required only when the movant states sufficient material facts that, if true, would entitle the defendant to relief. …¶15 It has been said repeatedly that a postconviction motion for relief requires more than… Read More

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Village of Trempeleau v. Mike R. Mikrut, 2004 WI 79, affirming unpublished decision Issue/Holding: (Emphasis supplied) ¶15. Mikrut did not raise his challenge to the circuit court’s competency until long after the judgment against him had been upheld on appeal. The circuit court and the court of appeals therefore held that the argument was waived… Read More

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State v. Gary M.B., 2004 WI 33, affirming 2003 WI App 72, 261 Wis. 2d 811, 661 N.W.2d 435 For Gary M.B.: T. Christopher Kelly Issue: Whether defendant’s introduction of his/ her prior criminal record, after objection to its admissibility was overruled, waived the objection. Holding: ¶11. Under the doctrine of strategic waiver, also known… Read More

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State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 WI 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶16. The term “custody” is not defined in Wis. Stat. § 973.155. To fill this void, Wisconsin courts have relied upon the definition set forth in Wis… Read More

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